Licensing Committee - 28/07/2014

At a MEETING of the LICENSING COMMITTEE held at Dundee on 28th July, 2014.

 

Present:-

 

COUNCILLORS

 

Jimmy BLACK

David BOWES

Laurie BIDWELL

 

Stewart HUNTER

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 26th June, 2014 was held as read.

 

Unless marked thus * all items stand delegated.

 

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) HOUSES IN MULTIPLE OCCUPATION - VARIATION

 

There was submitted the undernoted application for variation.

 

 

Address

Nature of Variation

 

1

5 Milnbank Gardens

Physical change to the property from four to five occupancy

 

In the case of this application, there being no objections, the Committee agreed that the application for variation be granted.

 

(b) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS AND RENEWALS

 

(i) Reference was made to Article VIII(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr A B during the currency of his Taxi Driver's Licence to await the outcome of court proceedings and to recall the immediate suspension of the Taxi Driver's Licence held by Mr A B.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr A B during the currency of his Taxi Drivers Licence. There was also submitted a further letter of information from the Chief Constable, together a letter of objection to the renewal of the licence dated 11th June, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be further adjourned until the meeting of the Committee to be held on 2nd October, 2014.

 

(ii) Reference was made to Article VI of the minute of meeting of the Licensing Committee held on 9th January, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr G B for its unexpired portion. The Committee noted that this had been remitted back by the Sheriff for reconsideration.

 

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr G B during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence dated 17th June, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 2nd October, 2014.

 

(iii) Reference was made to Article II(ii) of the minute of meeting of the Licensing Sub‑Committee held on 5th June, 2014, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr S C during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S C during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence dated 8th July, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 6th November, 2014.

 

(iv) Reference was made to Article II(iv) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M F during the currency of his Taxi Driver's Licence. There was also submitted an application from Mr M F for renewal of his Taxi Driver's Licence.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and receiving confirmation that the Procurator Fiscal would not be proceeding with the matter, the Committee agreed that no further action be taken and that the application for renewal of the Taxi Driver's Licence be granted.

 

(v) Reference was made to Article II(v) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr G G to be the holder of a Taxi Driver's Licence to allow the licence holder to be present.

 

There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr G G during the currency of his Taxi Driver's Licence. There was also submitted an application from Mr G G for renewal of his Taxi Driver's Licence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Environmental Compliance Manager and consideration of the advice of the Legal Officer, the Committee agreed to grant the application from Mr G G for renewal of his Taxi Driver's Licence for a period of one year and that the licence holder be issued with a written warning as to their future conduct.

 

(vi) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 1st May, 2014, wherein it was agreed that a hearing be held in due course in relation to the fitness of Mr K G to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr K G during the currency of his Taxi Driver's Licence together with a letter of support. There was also submitted an application from Mr K G for renewal of his Taxi Driver's Licence. The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application from Mr K G for renewal of his Taxi Driver's Licence and to issue the licence holder with a verbal warning as to their future conduct.

 

(vii) Reference was made to Article II(vii) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr F K during the currency of his Taxi Driver's Licence to await the outcome of court proceedings.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr F K during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence dated 30th June, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letter. Thereafter, having heard the licence holder on their own behalf, a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned until the meeting of the Committee to be held on 2nd October, 2014.

 

(viii) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 6th February, 2014, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr V K during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr V K during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence dated 11th June, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard the licence holder on their own behalf, a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension hearing be adjourned until the meeting of the Committee to be held on 4th December, 2014 and that the application for renewal of the Taxi Driver's Licence held by Mr V K be granted.

 

(ix) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 1st May, 2014, wherein it was agreed that a hearing be held in due course in relation to the fitness of Mr C K to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr C K during the currency of his Taxi Driver's Licence. There was also submitted a letter of objection to the renewal of the licence dated 12th June, 2014 from the Chief Constable. The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application from Mr C K for renewal of his Taxi Driver's Licence for one year and to issue the licence holder with a written warning as to their future conduct.

 

(x) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 5th June, 2014, wherein it was agreed that a hearing be held in due course in relation to the fitness of Mr S L to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Environmental Compliance Officer relevant to the alleged conduct of Mr S L during the currency of his Taxi Driver's Licence. There was also submitted a letter of objection to the renewal of the licence dated 3rd July, 2014 from the Chief Constable. The Committee gave consideration to the content of the letters. Thereafter, having heard the Environmental Compliance Manager, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that once confirmation that the fixed penalty had been paid that it be delegated to the Convener to consider the granting of the application for renewal and that the licence holder also be issued with a written warning.

 

(xi) Reference was made to Article II(ix) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the suspension hearing in relation to the alleged conduct of Mr R McL during the currency of his Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr R McL during the currency of his Taxi Drivers Licence. There was also submitted a letter of objection to the renewal of the licence dated 11th June, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard the licence holder on their own behalf, a representative on behalf of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the suspension hearing be adjourned until the meeting of the Committee to be held on 2nd October, 2014 and that the application for renewal be granted.

 

(xii) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 4th June, 2014, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Mr J McL during the currency of his Taxi Driver's Licence.

 

Reference was also made to Article II of the minute of meeting of the Licensing Sub-Committee held on 28th July, 2014, wherein it was agreed to hold a suspension hearing relevant to a further letter of complaint on the alleged conduct of Mr J McL during the currency of his Taxi Driver's Licence.

 

There were submitted letters of information from the Chief Constable relevant to the alleged conduct of Mr J McL during the currency of his Taxi Driver's Licence. There was also submitted a letter of objection to the renewal of the licence dated 11th June, 2014 from the Chief Constable.

 

The Committee agreed that the hearing be adjourned to the meeting of this Committee to be held on 4th September, 2014.

 

(xiii) Reference was made to Article II(a) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed to adjourn the hearing in relation to the fitness of Mr D O to be the holder of a Taxi Driver's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D O during the currency of his Taxi Driver's Licence. There was submitted a letter of objection to the renewal of the licence dated 11th June, 2014 from the Chief Constable. The Committee gave consideration to the content of the letters. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the application for renewal be granted.

 

(xiv) Reference was made to Article II(xiv) of the minute of meeting of the Licensing Sub‑Committee held on 27th March, 2014, wherein it was agreed that Mr R R attend OHSAS to establish his fitness to be the holder of a Taxi Driver's Licence and to allow the licence holder to complete a Taxi Driver's Training Course to the satisfaction of the Committee.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R R during the currency of his Taxi Drivers Licence and a report from OHSAS on the fitness of Mr R R to be the holder of a Taxi Driver's Licence. There was also submitted a letter of objection to the renewal of the licence dated 11th June, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the licence holder attend OHSAS on an annual basis and that the application for renewal be granted.

 

(c) TAXI OPERATOR'S LICENCE - SUSPENSION HEARING

 

(i) Reference was made to Article II(ii) of the minute of meeting of the Licensing Sub‑Committee held on 1st May, 2014, wherein it was agreed that a hearing be held in relation to the fitness of Company T to be the holder of a Taxi Operator's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Company T during the currency of their Taxi Operator's Licence. There was also submitted a letter of objection to the renewal of the licence dated 30th June, 2014 from the Chief Constable. The Committee gave consideration to the letters. Thereafter, having heard the representative of the Chief Constable, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that it be delegated to the Convener to consider the grant of this application for renewal for a period of one year upon the licence holders having a satisfactory meeting with Police Scotland.

 

(ii) Reference was made to Article II of the minute of meeting of the Licensing Sub‑Committee held on 29th May, 2014, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Company J during the currency of their Taxi Operator's Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Company J during the currency of their Taxi Operator's Licence. There was also submitted a letter of objection to the renewal of the licence dated 1st July, 2014 from the Chief Constable.

 

The Committee gave consideration to the content of the letters. Thereafter, having heard a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and the application be granted.

 

(d) TAXI DRIVERS LICENCE - RENEWALS

 

(i) Reference was made to Article V of the minute of meeting of this Committee held on 29th March, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr L C for the unexpired portion.

 

There was submitted an application by Mr L C for renewal of his Taxi Drivers Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and an agent on behalf of the licence holder, the Committee agreed that the application be refused.

 

(ii) Reference was made to Article V of the minute of meeting of this Committee held on 5th December, 2014, wherein it was agreed to suspend the Taxi Driver's Licence held by Mr D F for the unexpired portion.

 

There was submitted an application by Mr D F for renewal of his Taxi Drivers Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Environmental Compliance Manager relevant to this application. Thereafter, having heard the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months.

 

(iii) Reference was made to Article V of the minute of meeting of this Committee held on 9th January, 2014, wherein it was agreed that no further action be taken in relation to the alleged conduct of Mr S U during the currency of his Taxi Driver's Licence.

 

There was submitted an application by Mr S U for renewal of his Taxi Drivers Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and a representative on behalf of the licence holder, the Committee agreed to defer consideration of the application until the meeting of this Committee to be held on 4th September, 2014.

 

(iv) Reference was made to Article VI of the minute of meeting of this Committee held on 27th November, 2013, wherein it was agreed that no further action be taken in relation to the alleged conduct of Mr R I during the currency of his Taxi Driver's Licence.

 

There was submitted an application by Mr R I for renewal of his Taxi Drivers Licence.

 

The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard the representative of the Chief Constable, the licence holder on their own behalf and consideration of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 2nd October, 2014.

 

 

 

 

Stewart HUNTER, Convener.